Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets (Amendment)

Overview

The Statutory Rules 1918 No. 334, enacted under the Defence Act 1903-1918, was introduced to address the need for financial support for soldiers with dependent siblings. This legislative instrument, made by the Governor-General acting with the advice of the Federal Executive Council, aims to amend the existing Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. The regulation introduces a separation allowance for soldiers who have brothers or sisters under fourteen years of age and are solely dependent on their soldier brother for support. The allowance is set at 7½d. per diem for each dependent sibling, effective from 1 July 1918, with a total allowance limit of 8s. per diem when added to the soldier's pay. This amendment was implemented to provide financial relief to soldiers with dependent family members during their service.

Scope and Application

The Statutory Rules 1918 No. 334 made under the Defence Act 1903-1918 pertain to the amendment of the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. Specifically, the regulation addresses the payment of a separation allowance to soldiers who have siblings under the age of fourteen who are wholly dependent on them for support. This allowance is set at a rate of 7½d. per diem for each such sibling, effective from 1st July, 1918. The allowance is contingent upon the total sum of the allowance and the soldier's pay not exceeding 8 shillings per diem, mirroring the condition applicable to married members. The regulation applies to soldiers within the Australian Military Forces and Senior Cadets and is geographically confined to the Commonwealth of Australia, operating within the framework of the Defence Act 1903-1918. The regulation does not explicitly mention any exclusions, exemptions, or thresholds beyond those specified. The scope and application of this regulation are primarily focused on providing financial support to soldiers with dependent siblings, ensuring their welfare during their service.

Key Provisions

The primary operative section of this Statutory Rule (C1918L00334) pertains to the amendment of Regulation 354 under the Financial and Allowance Regulations for the Australian Military Forces and Senior Cadets. Specifically, section 354 is amended to include a new paragraph effective from 1 July 1918. This paragraph introduces a Separation Allowance of 7½d per day for each brother and sister under fourteen years of age who is solely dependent on their soldier brother for support (section 354, amended paragraph). The total allowance, when added to the soldier’s pay, must not exceed 8 shillings per day, similar to the allowance for married members. The obligations imposed by this amendment require that eligible soldiers ensure their dependent siblings under fourteen years of age meet the criteria for receiving the Separation Allowance. This includes providing evidence of dependency and ensuring that the total allowance, when combined with their pay, does not exceed the specified limit. The regulation also places an administrative burden on the authorities to verify the eligibility of claimants and to calculate and disburse the correct amount of allowance. Breaching the conditions set out in this regulation can lead to various consequences. If a soldier knowingly provides false information or if the authorities fail to correctly apply the regulations, there could be financial implications such as the repayment of incorrectly received allowances. Additionally, if the breach is deemed significant, it may result in disciplinary action against the soldier or the relevant administrative officers. The regulation itself does not specify exact penalties or criminal sanctions, but it implies that any breach of the financial provisions could have administrative and possibly disciplinary consequences.